Abstract:

The distraint of uncertificated securities in joint stock companies is an issue which affects on shareholders, third party who is assignee of share and creditor. Determining the purpose of legislator on registration of the distrant of uncertificated securities to Trade Registry as written in § 94 EBC (The Execution and Bankruptcy Code) helps to define the effect of registration on third party. Determining the position of uncertificated securities in registration law helps to determine shareholders, assignee of share certificates and creditors of shareholders. Share ownership and share certificates have an important position especially in joint stock companies in the context of right and obligation. In this article reporting the distraint of uncertificated securities by the execution office to the Trade Registry for registration therein explained by effects of registration, doctrine, foreign law, the purpose of legislator, EBC (The Execution and Bankruptcy Code), cognitive instructions and its connections.

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